Chinese law and practice have admitted that in some situations the losses the victim has suffered can be calculated on the basis of the interests the wrongdoer has gained, and that is the socalled disgorgement damage system. Disgorgement damage system in China has been implemented to some extent, produced related legal practice, and become an important tool of private right relief and compensation. But unfortunately, China’s legal practice of disgorgement system is much more outmoded than our law expression. We do not have a unified legal basis of disgorgement damage system, and the existing rules of intellectual property law, tort law, securities law, lack of interoperability because of their supplementary role and rare application practice, so that it become a system of little practical value. To fully play the function of the disgorgement damage system in China, we need to unify the legal basis of this system, construct the internal structure of its rich hierarchy system, strengthen the operational proof standards, and return to the private parties’ centralism.

disgorgement damage; gainbased damage; disgorgement in contract law; disgorgement in tort law